Order on Board

02.01.2025

1. The applicant has preferred this First Bail Application under Section

483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 855/2024, registered at Police Station : Sarkanda, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(5) of Bhartiya Nyay Sanhita.

2. The case of the prosecution, in brief, is that on 01.08.2024, the complainant, Shakuntala, lodged an F.I.R. against the present applicant, alleging that he, along with co-accused, assaulted her husband with a tangiya (axe), causing him to suffer multiple injuries. Based on the complaint, the police registered an offence punishable under Sections 296, 115(2), 351(2), 109(5) of Bhartiya Nyay Sanhita against the present applicant and subsequently arrested him.

3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that as per the Medico-Legal Examination, the injuries suffered by the applicant is simple in nature, therefore the offence under Section 109 is not made o